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2011 Supreme(Mad) 4675

S.MANIKUMAR
A. Dharmaraj – Appellant
Versus
V. Parthasarathy – Respondent


Advocates appeared:
For the Appellant:R. Ponnusamy, Advocate.
For the Respondents:A. Seshadiri, P. Veeraraghavan, Advocates.

Judgment :-

1. The tenant is the appellant in the second appeal. For sake of convenience, the parties are addressed, as per the litigative status before this Court.

2. Suit in O.S.No.7361 of 1992, has been filed by the appellant-tenant for a permanent injunction, restraining the respondents or their agents from in any manner interfering with the peaceful possession and enjoyment of the appellant in respect of the premises No.14, Parthasarathy Street, Ayyavoo Naidu Colony, without due process of law. In O.S.No.3856 of 1997, the respondents have prayed for eviction and damages.

3. Plaint averments in O.S.No.3856 of 1992, are as follows:

The respondents are the absolute owners of the suit property. The appellant is the tenant under the respondents. The appellant-tenant executed an agreement, dated 30.06.1987, in favour of the first respondent, for running a mechanic shed. He occupied the suit property, on a monthly rent of Rs.400/-and agreed to put up a temporary structure covered with asbestos sheets. He has further agreed to remove the superstructure, that would be put up by him in the schedule mentioned land, while handing over the vacant possession of the said land, on the expir






































































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